SAPRU J.:While agreeing with the order proposed by my brother Mootham, I would like to point out that, having regard to the nature of our Constitution, a licence for the carrying on of a business or profession cannot be looked upon as a mere privilege which is within the unfettered discretion of the Executive Authority empowered to grant it.

Particular emphasis has been laid in Art. 19(1)(g) on the right to practice any profession, or to carry on any occupation, trade or business, subject, of course, as laid down in Art. 19(6), to any reasonable restrictions in the interests of the general public as may be placed on it. In guaranteeing this right the founding fathers were, no doubt, influenced by their concept of the functions of the State. As is clear from the directive principles of State policy to which I think it is permissible to refer in this connection, they were establishing a State guided by certain directive principles which, though not justiciable, were, nevertheless, to be fundamental in the governance of the country, it being its duty to apply them in making laws. For after stating in Art. 38 that the State shall try to promote the welfare of the people by secu